Here is what we know as of today. California Family Right Act Expanded (SB 1383): Currently, employers with 50 or more employees must provide 12 workweeks of unpaid leave for family care and medical leave. Ensure that employees know they must, without fear of reprisal, report COVID-19 symptoms, possible exposures and/or possible COVID-19 hazards in the workplace; Communicate to employees about the employer’s COVID-19 prevention procedures and available testing resources; Identify, evaluate, and correct COVID-19 hazards; Establish physical distancing, face covering protocols, and other controls or equipment to reduce transmission risk; Develop procedures to investigate and respond to COVID-19 cases, including an effective employee screening process; Provide testing to employees who are exposed to COVID-19, and in the case of multiple infections or a major outbreak, implement regular workplace testing for employees in the exposed work areas; Require the exclusion of COVID-19 cases and exposed employees from the workplace until they are no longer an infection risk; and. SB-778: Sexual harassment training guidelines. Media companies that rely on freelancers for blogging, reporting, photography and management of web properties also may be heavily affected. The answer "is far from clear," one management-side attorney told HR Dive. Rooms must also contain a surface to place a pump and personal items. Consistent with our reporting from the past few years, California is once again listed among the American Tort Reform Foundation’s (ATRF) “Top Judicial Hellholes” in the United States. I think that California has recognized that and they want to address that. We also represent individuals in transactions and other matters. Shaw Law Group, PC. Some are facing judicial challenges, the outcome of which will determine the nature of their final implementation. Listen to the podcast or read the transcript here. The TRO came just in time, Dec. 30, on the grounds that the law may stand in conflict with the Federal Arbitration Act. Also consider conducting an equal pay audit to identify whether certain job categories are vulnerable to equal pay claims.". California Assemblywoman Lorena Gonzalez, D, who authored the bill. Be customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed. The Emergency Temporary Standards, which are now in effect, apply to virtually all California employers, employees, and places of employment, with three exceptions:  (1) workplaces where there is only one employee who does not have contact with other people; (2) employees who are working remotely; and (3) employees covered by Cal/OSHA’s Aerosol Transmissible Diseases regulation. The California Family Rights Act (CFRA) was significantly expanded to cover employers with five or more employees, whereas the current version of the CFRA covers employers with 50 or more employees. 2021 Employment Law Update. As jurisdictions continue to respond to COVID-19 with new rules, regulations, orders and guidance, employers must ensure that they adhere to these requirements as they manage business operations. COMPLIMENTARY WEBINAR Download Slides This year brought a number of new laws, including some related to COVID-19, that will impact California employers in 2021. 2019 Employment Law Updates for California Each year, employers await the new changes that our legislators make in the area of employment law which impact the way we do business in California. First, disclosures extend to personal information collected from job applicants, employees or contractors. The California Consumer Privacy Act grants consumers certain rights regarding personal information that is owned by businesses. A recent ruling of the Superior Court of California in Los Angeles also exempted independent truckers from this law. SB-778 sets out new sexual harassment training requirements. This includes the right to request disclosure of the specific kinds of personal information a company has collected and to have information deleted. But for now, employers may want to familiarize themselves with some of the most widely applicable and most impactful new laws. Uber, Postmates and two drivers have, , calling the law unconstitutional. On-demand service apps such as rideshare companies that rely on an army of freelance workers to fulfill their orders may be most affected. ", "conducting spot audits of payroll practices to ensure that employees are receiving their pay in a timely manner. Under the New Parent Leave Act, employers with 20 or more employees must provide 12 workweeks of unpaid leave during any 12-month period to bond with a new child. States and municipalities continue to pass laws that extend equal … 11 California employment law changes for 2020 ... AB-673 updates existing labor code so employees can seek penalties for late wage payments. Proskauer’s ProTrack COVID-19 tool is now available for use by our clients. AB 5 – Employment Status. Want to share a company announcement with your peers? The training must be provided within six months of hire or within six months of the assumption of a supervisory position. Labor Commissioner's Office; California Paid Sick Leave: Frequently Asked Questions UPDATE New Questions Concerning the Paid Sick Leave Law Updated March 29, 2017 Questions about An Employer’s Use of a “Grandfathered” (Existing) Paid Time Off Plan to Provide Paid Sick Leave. It seems to demonstrate a sensitivity that in modern society, conforming to a particular anglocentric look is no longer going to be a requirement for success in the job market," Pearce said. As the California Hospital Association, it is our job to keep our members current with all of them. Employees in California may be entitled to workers’ compensation if they test positive for COVID-19 or if their place of employment experiences an “outbreak” of COVID-19 as defined by legislation signed into law Sept. 17 by Gov. updates existing labor code so employees can seek penalties for late wage payments. "To designate workers as something other than an employee puts the onus on the workers to provide for their own insurance, to seek legal recourse through individual legal names," Pearce said. State & Local Updates This law entitles employees to an additional 30 days of unpaid leave, in addition to 30 days of paid leave already permitted, to donate an organ. CAL-OSHA ISSUES REGULATIONS REGARDING EMPLOYER SAFETY REQUIREMENTS APPLICABLE TO MOST EMPLOYERS This is just the latest example of how California’s, uh, rather challenging tax and regulatory environment continues to drive employers from the Golden State. Employers with five or more employees must provide at least two hours of training on sexual harassment to anyone who manages other employees and at least one hour of training to "nonsupervisory" employees by Jan. 1, 2021. A Few Quick Employment Law Updates (Moderately California-Related) AB 2257 – CA’s “Improved” Independent Contractor Law, Explained; Join Our Mailing List. On-demand service apps such as rideshare companies that rely on an army of freelance workers to fulfill their orders may be most affected. Employment / Age Certification. In 1977, Larry Ellison co-founded Oracle with Bob Miner and Ed Oates in Santa Clara with just $2,000 in seed money. Assembly Bill (AB) 5, recently signed into law, replaces the common law test with the ABC test to determine whether a worker is an employee or independent contractor in California.Effective January 1, 2020, hiring entities are required to classify workers as employees unless they meet all conditions of the ABC test: "The one clear thing we know about Uber is they will do anything to try to exempt themselves from state regulations that make us all safer and their driver employees self-sufficient," she said. Subscribe to HR Dive to get the must-read news & insights in your inbox. Knowing labor and employment law in general isn't enough. In the event of such breach or default, the empl… SB 688 expands on existing labor codes to levy the same penalties for failure to pay minimum wage to companies that pay or cause an employee to be paid "a rate of compensation that is less than set by contract. Additionally, the state's salary threshold of overtime exemption is now $54,080 for employers with 26 or more employees and $49,920 for employers with 25 or fewer employees. Another four will take effect July 1: Berkeley, Pasadena, San Francisco, and Santa Monica. Employers with fewer than 50 employees may seek a hardship exemption. There are three main points to AB-25 that are relevant to the start of 2020. AB-673 & SB-688: Penalties for late or incorrect wages. Perform work that is outside the usual course of the hiring entity's business. SB 188 added hairstyle, including "such hairstyles as braids, locks, and twists," to the list of protected traits. Another four will take effect July 1: Berkeley, Pasadena, San Francisco, and Santa Monica. Uber, Postmates and two drivers have filed a joint lawsuit against the state, calling the law unconstitutional. SB-142 requires that work locations have rooms for lactation that are "safe, clean, and free of hazardous materials." As the calendar turns to 2020, California has gone live with a number of new laws voted in as bills or ballot initiatives. Payday Requirements. Administers the Job Service, Unemployment Insurance, Disability Insurance, Workforce Investment Act, and Welfare-to-Work programs and handles the audit and collection of employment taxes and maintains employment records for more than 19 million California workers. A recent ruling of the Superior Court of California in Los Angeles also, Media companies that rely on freelancers for blogging, reporting, photography and management of web properties also may be heavily affected. For California employers, 2020 carries a whole set of new legal obligations. ... Due to popular demand, my firm is replying our webinar we conducted recently discussing key California employment laws passed in this legislative session. ", Ogletree Deakins recommends "conducting spot audits of payroll practices to ensure that employees are receiving their pay in a timely manner. The California Legislature, the courts, and state and federal agencies were busy in 2020, passing new laws, issuing new rulings, and implementing new regulations that impact California employers. Industries exempt from the law are mostly in professional services or trades, such as doctors, electricians, independent consultants, architects and accountants. Employers must also provide access to electricity or alternative devices and access to a sink and a refrigerator near the employee's workspace. The reasons most frequently cited for relocating are:  California’s highest-in-the-nation income tax rates, greatest regulatory burden and litigation risk along with the third-highest cost of living (after Hawaii and the District of Columbia). In Dynamex Operations West, Inc. v. Super. As a result in this increase, the minimum salary an employee must earn to qualify for exempt status under California law will increase to $43,680 per year ($840 per week) for employers with 25 or fewer employees, and to $45,760 per year ($880 per week) for employers with 26 or more employees. … To be an independent contractor, the law requires that workers: Be free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact. Our proprietary tracker allows employers to search the legal requirements in the jurisdictions where they conduct business, and provides real-time updates. Gavin Newsom. 1. Citing “business needs, cost reduction opportunities, and team members’ preferences for the future of work,” HP plans to complete the move to Houston by early 2022. California’s new law creates a pay data reporting obligation for private (i.e. that the Uber lawsuit alleging the law is unconstitutional is "bizarre." HP’s fabled rise began in 1938 when Bill Hewlett and Dave Packard started the tech-giant-to-be in a garage they had rented in Palo Alto, CA. The law also states a limit on the number of "submissions" a freelancer can contribute in a year and also defines what constitutes a submission. does not specify arbitration, but rather prohibits companies or people "from requiring any applicant for employment or any employee to waive any right, forum, or procedure for a violation of any provision of the California Fair Employment and Housing Act (FEHA) or other specific statutes governing employment as a condition of employment, continued employment, or the receipt of any employment-related benefit. Webinars California Employment Law Update. says that settlement agreements between an "aggrieved person" and an employer can no longer contain a provision that restricts an employee from obtaining future employment with that employer and any affiliated entities such as franchises or subsidiaries. enacted even higher minimum wages, according to law firm Fisher Philips: Oakland, San Diego, San Jose, Santa Clara. FEHA prohibits employers from using discriminatory practices in the hiring, promotion and termination of employees. Child Labor Laws. Well, we know that that's not equitable and ignores the reality of the employer-employee relationship. "What California has done is set the default to employee, leaving the burden upon the entity that views the relationship different than the employee to establish the criteria that is set forth," Mark Pearce. To assist multi-state employers as they navigate these developments, we have created ProTrack COVID-19, a state and local tracker tool. “We believe these moves best position Oracle for growth and provide our personnel with more flexibility about where and how they work,” the company said in its SEC filing. Minimum Wage for Tipped Employees. ", To plan for any changes that may be needed as a result of AB-51, lawyers from Ogletree Deakins suggested in a blog post that employers "that easily meet the interstate commerce test under the [Federal Arbitration Act] can implement an arbitration program or maintain their current arbitration program. Interactive map feature to drill down to state-specific COVID-related requirements. The California Consumer Privacy Act grants consumers certain rights regarding personal information that is owned by businesses. Overtime. Employers can terminate employees or not rehire them "if there is a legitimate non-discriminatory or non-retaliatory reason for terminating the employment relationship or refusing to rehire the person" or if the individual committed harassment or sexual assault. Employers must also provide access to electricity or alternative devices and access to a sink and a refrigerator near the employee's workspace. 2020 Labor & Employment Law Update for California Employers Labor & Employment 12.10.19. "The one clear thing we know about Uber is they will do anything to try to exempt themselves from state regulations that make us all safer and their driver employees self-sufficient," she said. Also consider conducting an equal pay audit to identify whether certain job categories are vulnerable to equal pay claims.". The ATRF notes that excessive tort costs in California lead to an estimated increase of $15.1 billion in the cost of doing business in the state and the loss of 242,761 jobs according to The Perryman Group. distinguished lecturer and executive director of Georgetown University Law Center's Workers' Rights Institute and former chair of the National Labor Relations Board, told HR Dive. Equal Employment Opportunity. Coronavirus / COVID Employment Law Updates for California Employers # 22 – New Cal OSHA Standard and More by D. Gregory Valenza | Dec 2, 2020 Here is installment #22 of our ongoing series of COVID-related posts of interest to California employers. Mass Layoffs (WARN) Meals and Breaks. AB-9 extended the filing period for complaints of unlawful or discriminatory employment practices from one year to three years. In addition, the Emergency Temporary Standards direct employers to “continue to maintain … [the] earnings, seniority, and all other employee rights and benefits” of any employee who has to be excluded from work due to actual COVID-19 infection or potential COVID-19 exposure in the workplace, if the employee is “otherwise able and available to work.”  The Emergency Temporary Standards provide that the obligation to maintain earnings and benefits does not apply to any period when an employee is unable to work “for reasons other than protecting persons at the workplace from possible COVID-19 transmission” or if the employer can demonstrate that the COVID-19 exposure is not work related. Proskauer is a leading international law firm focused on creating value. Discover announcements from companies in your industry. Copyright © 2020, Proskauer Rose LLP. Mailbag: Can we require that employees receive a COVID-19 vaccine? "And that is revolutionary.". Following in the footsteps of scores of other employers that have relocated to more business-friendly states, Hewlett-Packard announced Wednesday that it’s moving its global headquarters from San Jose, CA to Houston, TX and with it, thousands of jobs. SB-1383 expands the California Family Rights Act (“CFRA”) and the New Parent Leave Act (“NPLA”) to make it an unlawful employment practice for any employer with five or more employees to refuse to grant a request by an employee to take up to 12 workweeks of unpaid protected leave during any 12-month period to bond with a new child of the employee or to care for themselves or a child, … To place a pump and personal items for lactation that are `` safe, clean and! Start of 2020 CA 95825 Tel: ( 916 ) 640-2240 Fax: ( california employment law update ) 640-2240:! Oakland, San Diego, San Jose, Santa Clara with just $ 2,000 in seed money braids locks. 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